IMPORTANT
NOTICE
The date which has been set for hearing in this matter should be
checked immediately. If there is proper cause for not proceeding
with the hearing date, a motion to change the date of hearinq
should be made within 14 da:rs from the seruice of t.he Complaint.
Thereafter, it will be assumed that the scheduled hearing date
has been agreed upon and that aII parties will be prepared to
proceed to the hearing on that date. Later motions to reschedule
the hearing generally will not be granted in the absence of a
proper showing of unanticipated and uncontrollable intervening
circumstances.

All parties are encouraged to fully explore the possibilities

of

settlement. Early settlement agreements prior to extensive and
costly trial preparation may result in substantial savings of time,
money and pesonnel resources for aII parties. The Board Agent
assigned to this case will be happy to discuss settlement at any
mutually convenient time.

ankl

 UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 20

BAUER'S INTELLIGENT TRANSPORTATION,
INC.

and

Cases 20-CA-148119

TEAMSTERS LOCAL 665, INTERNATIONAL
BROTHERIIOOD OF TEAMSTERS

20-cA-151225

and
PROFESSIONAL COMMUTER DRIYERS TJNION
(Party to the Contract)

ORDER CONSOL.IDATING CASES. CONSOLIDATED COMPLAINT
AND NOTICE OF HEARING
Pursuant to Section 10233 of the Rules and Regulations of the National Labor Relations

Board (the Board), and to avoid unnecessary costs or delay, IT IS ORDERED that Case 20-CA148119 and Case 20-CA-151225, which are based on charges filed by Teamsters Local 665,

International Brotherhood of Teamsters (Union) against Bauer's Intelligent Transportation, Inc.
(Respondent), are consolidated.

This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which
is based on these charges, is issued pursuant to Section l0(b) of the National Labor Relations
Act, 29 U.S.C. $ 151 et seq. (the Act) and Section 102.15 of the Board's Rules and Regulations
and alleges Respondent has violated the Act as described below.

1.

(a)

The charge in Case 20-CA-148119 was filed by the Union on March 12,

2015, and a copy was served on Respondent by regular mail on March 13,2015.

 order consolidating cases, consolidated complaint and Notice of Hearing
Cases 20-CA-148 I I 9 and 20-CA-l5t2Z5

(b)

The charge in Case 20-CA-151225 was filed by the Union on

Aprr129,2075, and a copy was served on Respondent by regular mail on April 30, 2015.

2.

(a)

At all material times, Respondent

has been a California corporation

with

offices and places of business in San Francisco, Santa Clara and Los Angeles, Califomia and has
been engaged in the business of providing transportation services.

(b)

During the calendar yea.r ending December 31, 2014, Respondent, in

conducting its business operations described above in subparagraph2(a), derived gross revenues

in excess of$500,000.

(c)
Respondent,

in

During the period

conducting

its

of time described above in

subparagraph 2(b),

in

subparagraph 2(a),

business operations described above

purchased and received at its San Francisco, Santa Clara, and Los Angeles, California facilities
goods valued in excess of $5,000 which originated from points outside the State of Califomia.

3.

At all material times,

Respondent has been an employer engaged in commerce

within the meaning of Section2(2), (6) and (7) of the Act.

4.

At all material times, the Union has been a labor organization within the meaning

of Section 2(5) of the Act.

5.

At all material times, the Professional Commuter Drivers Union

has been a labor

organization within the meaning of Section 2(5) of the Act.

6.

At all material

times, the following individuals held the positions set forth

opposite their respective names and have been supervisors of Respondent within the meaning

of

Section 2( I 1) of the Act and/or agents of Respondent within the meaning of Section 2( 13) of the

Act:

 '

order consolidating cases, consolidated complaint and Notice of Hearing
Cases 20-CA-148 I I 9 and 20-CA-15 1225

Gary Bauer

-

Chief Executive Officer

Todd Benson

-

Chief Operating Officer

William Amos

-

Executive Director of Human Resources

Angie Johnson-Coleman

-

Safety

Feeney

-

Dispatch Manager

Clarence

Murdock

-

Road Supervisor

-

Dispatcher

7.

Safety

& Training Manager

Maureen

Joseph Knox

&

or about March 12,2015, Respondent:

(a)

By Joseph Knox, at the entrance to Pier 50 in San Francisco, interfered

with employees' receipt of information from Union organizers;

(b)

By William Amos, Todd Benson and Clarence Murdock, at the corner of

Terry Francois Boulevard and Third Street

in

San Francisco, engaged

in

surveillance of

employees' union activities.

8.

(a)

From about March 6 to about March 12,2015, Respondent, by Clarence

Murdock, at Respondent's San Francisco and Santa Clara facilities and at busishuttle stops along
the drivers' routes:

(D

Suggested

to

employees that they form

a union to deal with

Respondent concerning wages, hours, and other terms and conditions of employment;

(ii)

Rendered assistance and support

to the professional commuter

Drivers Union (PCDU) by soliciting employees on work time to sign a petition indicating that
they wished to be represented by the PCDU.

 '

ordgr consolidating cases, consolidated cornplaint and Notice of Hearing
Cases 20-CA- I 48 I I 9 and 20-C A-15 1225

(b)

Since about March 6,z}l1,Respondent, by Clarence Murdock:

(i)

Served as Chief Union Representative of the PCDU;

(ii)

Established policies and procedures, and participated in the affairs

of the PCDU.

(c)

On about March 13, 2015,

Respondent,

by

Clarence Murdock, at

Respondent's San Francisco facility:

9.

(a)

(i)

Permitted the PCDU to hold a meeting in the employee breakroom;

(ii)

Conducted a meeting of the PCDU.

Since about March 12,2015, Respondent, by Gary Bauer, has recognized

and bargained with the PCDU as the exclusive collective-bargaining representative of the
following employees of Respondent (the Unit):

All commuter drivers employed by Respondent in

San Francisco

and Santa Clara, Califomia (the "San Francisco Bay Area"),
exclusive of supervisory personnel.

(b)

On about March 23,2015, Respondent, by Gary Bauer, entered into and

since then has maintained and enforced a collective-bargaining agreement with the PCDU.

(c)

Respondent engaged in the conduct described above in subparagraphs 9(a)

and 9(b) even though the PCDU did not represent an uncoerced majority of the Unit.

10.

By the conduct described above in paragraph 7, Respondent has been interfering

with, restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of
the Act in violation of Section 8(a)(1) of the Act.

 Order Consolidating Cases, Consolidated Cornplaint and Notice of Hearing
Cases 20-CA-l 48 I I 9 and 20-CA-l 51225

11.

By the conduct described above in paragraphs 8 and 9, Respondent has dominated

and interfered with the formation and administration of, and has been rendering unlawful
assistance and support to, a labor organization in violation of Section 8(aXl) and (2) of the Act.

12.

The unfair labor practices of Respondent described above affect commerce within

the meaning of Section 2(6) and (7) of the Act.

WHEREFORE, as part of the remedy for the unfair labor practices alleged above in
paragraphs 8 and 9, the General Counsel seeks an Order requiring that Respondent withdraw and

withhold all recognition from the PCDU as the collective-bargaining representative
employees described above

bargaining agteement
modifications

to that

it

of

its

in subparagraph 9(a) and cease giving effect to the collective-

executed

with the PCDU on March 23, 2015, including

agreement, and excluding elimination

benefits, terms, or conditions

of

of any wage

increase

or

employment that Respondent established pursuant

any

other

to

that

contract.

WHEREFORE, as part of the remedy for the unfair labor practices alleged above in
paragraphs

7, 8 and 9, the General Counsel seeks an Order requiring: (1) Respondent's

representative Gary Bauer to read the riotice to employees on work time in the presence

of

a

Board Agent at a meeting or meetings scheduled to ensure the widest possible attendance; (2)

Alternatively, the General Counsel seeks an order requiring that Respondent promptly have a
Board agent read the notice to employees on work time

in the presence of

Respondent's

supervisors and agents identified above in paragraph 6; (3) Respondent provide the Union, upon
request, with an updated

list of employees' names and addresses; (4) Respondent allow the

Union reasonable access to its bulletin boards and all places where notices to employees are
customarily posted; (5) Respondent grant the Union access to nonwork areas during employees'

 order consolidating Cases, consolidated complaint and Notice of Hearing
Cases 20-CA- 148 I l9 and 20-CA-t 51225

nonwork time; and (6) Respondent give the Union notice and equal time and facilities to respond
to any address made by Respondent to employees regarding the issue of union representation.
The General Counsel further seeks all other relief as may be just and proper to remedy
the unfair labor practices alleged.

ANSWER REQUIREMENT
Respondent is notified that, pursuant to Sections 102.20 and 102.21of the Board,s Rules

and Regulations,

it must file

an answer to the consolidated complaint. The answer must be

received bv this office on or before Julv 13.2015, or postmarked on or before July 12.2015.
Respondent should

file an original and four copies of the answer with this office and serve a

copy of the answer on each of the other parties.

An

answer may also be filed electronically through the Agency's website. To file

electronically, go to r,wwv.nlrb.gov, click on E-File Documents, enter the NLRB Case Number,
and follow the detailed instructions. The responsibility for the receipt and usability of the answer
rests exclusively upon the sender. Unless notification on the Agency's website informs users that

the Agency's E-Filing system is offrcially determined to be in technical failure because

it

is

unable to receive documents for a continuous period of more than 2 hours after 12:00 noon
(Eastern Time) on the due date for filing, a failure to timely file the answer

will not be excused

on the basis that the transmission could not be accomplished because the Agency's website was

off-line or unavailable for some other reason. The Board's Rules and Regulations require that an
answer be signed by counsel or non-attorney representative for represented parties or by the

party

if not represented. See Section IO2.2L.If

the answer being filed electronically is a pdf

document containing the required signature, no paper copies of the answer need to be transmitted

 Order Consolidating Cases, Consolidated Complaint and Notice of Hearing
Cases 20-CA-l 48 I I 9 and 20-CA-l 51225

to the Regional Office. However,

if

the electronic version of an answer to a complaint is not a

pdf file containing the required signature, then the E-filing rules require that such answer
containing the required signature continue to be submitted to the Regional Office by traditional
means within three (3) business days after the date of electronic
each of the other parties must

frling. Service of the answer on

still be accomplished by means allowed under the Board's Rules

and Regulations. The answer may not be filed by facsimile transmission.

if

If no answer is filed, or

an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment,

that the allegations in the consolidated complaint are true.

NOTICE OF HEARING
PLEASE TAKE NOTICE THAT on August 24,2015, at 9:00 a.m. in the Natalie P. Allen

Memorial Courtroom (fourth floor), 901 Market Street, Suite 400, San Francisco, California,
and on consecutive days thereafter until concluded, a hearing

will be conducted before an

administrative law judge of the National Labor Relations Board. At the hearing, Respondent and
any other party to this proceeding have the right to appear and present testimony regarding the
allegations in this consolidated complaint. The procedures to be followed at the hearing are
described in the attached Form NLRB-4668. The procedure to request a postponement of the
hearing is described in the attached Form NLRB-4338.

Dated: Jwre29,20l5

JOSEPFYF. FRANKL

REGIONAL DIRECTOR
NATIONAL LABOR RELATIONS BOARD
REGION 20
901 Market Street, Suite 400
San Francisco, CA 94103-1738

 FoTmNLRB-4668
(6-20

l4)

Procedures in NLRB Unfair Labor Practice Hearings
The attached complaint nu, ,ln"aot"d a hearing that will be conducted by an arlministative law judge (ALI) of the
National Labor Relations Board who will be an independent, imFdrlial finder of facts and applicable law. You may
be represented at this hearing by an attorney or other representative. Ifyou are not currently representedby an
attorney, and wish to have one represent you at the hearing, you should make such arrangements as soon as possible.
A more complete description of the hearing process and the ALJ's role may be found at Sections 102.34,702.35,
and 102.45 of the Board's Rules and Regulations. The Board's Rules and regulations are available at the following

Ii*:www.nlrb.gov/sites/defaulVfiles/attachments/basic-page/node-1717/rules_and-regsiart-102.pdf.
The NLRB allows you to file certain documents electonically and you are encouraged to do so because it ensures
that your government resources are used efEciently. To e-file go to the NLRB's website at www.nlrb.gov, click on
"e-fi. e doCuments," enter the l0-digit case number on ttre complaint (the first number if there is more than one), and
follow ttre prompts. You will receive a confrmation number and an e-mail notification that the documents were
successfully filed.

Although this matter is set for trial, this does not mean that this matter cannot be resolved through a
settlement agreement. The NLRB recomizes that adjustuents or settlements consistent with the policies of the
National Labor Relations Act reduce govemment expenditures and promote aEity in labor relations and encourages
the parties to engage in settlement efforts.

I.

BEF'ORE THT'HEARING

The mles pertaining to the Board's pre-hearing procedures, including rules concerning filing an answer, requesting a
postponement, filing other motions, and obtaining subpoenas to compel the attendance of witnesses and production
Lf do"r-eots from other parties, may be found at Sections 102.20 through 102.32 of the Board's Rules and

Regulations. In addition, you should be aware of the following:

. S!ry15:

If you or any of the witnesses you wish to have testify at the hearing have special needs
and require auxiliary aids to participate in the hearing, yeu should notifr the Regional Director as soon as
possibli and request the necessary assistance. Assistance will be provided to persons who have handicaps
ialiing within thi provisions of Section 504 of the Rehabilitation Act of t973, as amended, arLd 29 C.F.R
100.603.

. @:

One or more weeks before the hearing, the ALJ may conduct a telephonic
p..U"*iogrcoof.**e with the parties. During the conference, the AIJ will explore whether the case may be
iettled, dir"*r the issues to be iitigated and any logistical issues related to the hearing, and attempt to resolve or
nzurow outstanding issues, such as disputes relating to subpoenaed witresses and documents. This conference
is usually not recorded, but during the hearing the ALJ or the parties sometimes refer to discussions at the prehearing conference. You do not have to wait until the prehearing conference to meet with the other parlies to
discuss settling this case or any other issues.

tr.

DURING THF', HtrARING

The rules pertaining to the Board's hearing procedures are found at Sections 102.34 through 102.43 of the Board's
Rules aad Regulations. Please note in particular the following:

.@:Atthehearing,youwil1havetherighttocall,examine,a[dcroSS-examing
witnesses and to intoduce into the record documents and other evidence.

. g41p6: Each exhibit offered in evidence must be provided in duplicate to the court reporter and a
.opy of .*n of each exhibit should be supplied to the ALJ and each party when the exhibit is offtred in
(ovER)

 Form NLRB-4568
(6-2014)

evidence. If a copy of any exhibit is not available when the original is received, it will be the responsibility of
the parfy offering such exhibit to submit the copy to the ALJ before the close of hearing. If a copy is not
submitted, and the filing has not been waived by the ALJ, any ruting receiving the exhibit may be resci:rded and
the exhibit rejected.

o

Transcripts: An ofEcial court reporter will make the only offrcial tanscript of the proceedings, and all
citations in briefs and arguments must refer to the official record. The Board will not cert'rS any tanscript other
than the official tanscript for use in any court litigation. Proposed corrections of tlhe tanscript should be
submitted, either by way of stipulation or motion, to the ALJ for approval. Everything said at the hearing while
the hearing is ia session wiII be recorded by the ofEcial reporter nnless the ALJ specifically directs off-therecord discussion. If any party wishes to make off-the-record statements, a request to go offthe record should
be directed to the ALJ.

o

Oral Argument: You are entitled, on request, to a reasonable period of time at the close of the hearing for
oral argumen! wbich shall be included in the tanscript of the hearing. Alternatively, the ALJ may ask for oral
argument i{ at the close of the hearing, if it is believed that such argument would be beneficial to the
understanding of the contentions of the parties and the factual issues involved.

o

Date for Filing Post-Eearing Brief: Before the hearing closes, you may request to file a written brief or
AIJ. The ALJ has the discretion to grant this request and

proposed fi:rdings and conclusions, or bot\ with the
to will set a deadline for fiIing, up to 35 days.

III.

AFTER THT', MARING

The Rules pertaining f6 filing post-hearing briefs and the procedures after the AIJ issues a decision are found at
Sections 702.42 through 102.48 of t}e Board's Rules and Regulations. Please note in particulm the following:

o

Extension of Time for Filine Brief with the ALI: If you need an extension of time to flle a post-hearing
brief, you must follow Section 102.42 of the Board's Rules and Regulations, which requires you to file a
request with the appropriate chief or associate shisf administative law judge, depending on where the tial
occu:red. You must immediately serve a copy of ary request for an extension of time on all other partigs and
furnish proof of that service with your request. You are encowaged to seek the agreement of the other parties
and state their positions in your request.

o ALJ's Decision: In due cowse, the AIJ will prepare and file with the Board a decision in this matter.
Upon receipt of this decision, the Board will enter an order tansferring the case to the Board and specifying
when exceptions are due to the ALJ's decision. The Board will serve copies of that order and the AIJ's
decision on all parties.

o Exceptions to the ALJ's Decision: The procedure to be followed with respect to appealing all or any part
of the AIJ's decision (by filing exceptions with the Board), submitting briefs, requests for oral argument beiore
the Board, and related matters is set forth in the Boards Rules and Regulations, particularly in Section 102.46
aud following sections. A srrmmary of the more pertinent of these provisions will be provided to the parties
with the order tansferring the matter to the Board.

 '

FORMNLRB4338
(6_e0)

UNITED STATES GOVERNMENT

NATIONAL LABOR RELATIONS BOARI)

"

NOTICE
Cases 20-CA- 148 I 1 9 and 20-CA-151225

The issuance of the notice of formal hearing in this case does not mean that the
matter carmot be disposed of by agreement of the parties. On the contrary, it is the policy
of this office to encourage voluntary adjustments. The examiner or attorney assigned to
the case will be pleased to receive and to act promptly upon your suggestions or
comments to this end.

An agreement between the parties, approved by the Regional Director, would
serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing
will be held at the date, hour, and place indicated. Postponements will not be granted

unless good and sufficient grounds are shown andthe following requirements are met:

(1)

The request must be in writing. An original and two copies must be filed with
the Regional Director when appropriate under 29 CFR 102.16(a) or with the
Division of Judges when appropriate under 29 CFR 102.160).

(2)

Grounds must be set forth in detail;

(3) Alternative

dates for any rescheduled hearing must be given;

(a)

The positions of all other parties must be ascertained in advance by the
requesting parfy and set forth in the request; and

(5)

Copies must be simultaneously served on all other parties (listed below), and
that fact must be noted on the request.

Except under the most extreme conditions, no request for postponement will be granted
during the three days immediately preceding the date of hearing.
GARY BAUER" OWNER
BAUER INTELLIGENT TRANSPORTATION,
INC.
PIER 50
SAN FRANCISCO, C A 9 4 I 58-2193

AURELIO J. PEREZ
LITTLER MENDELSON P.C.
650 CALIFORNIA ST FL 20
SAN FRANCISCO, CA 94I08-260I

STMILA K. SEXTON
BEESON TAYER & BODINE
483 - 9TH ST 2ND FL
OAKIAND , CA 94607 -4051

MICIIAEL G. PEDTtrRNEY, ESQ.
LITTLER MENDELSON P.C.
650 CALIFORNIA ST FL 20
SAN FRANCISCO, CA 94108-2601

FLORENCIO SINOGUI
TEAMSTERS LOCAL 665
15OO FRANKLIN ST 3RD FL
SAN FRANCISCO, CA 94109

ANDREW H. BAKER, ESQ.
BEESON, TAYER & BODINE
483 9TH ST 2ND FL
OAKLAND,CA94607

CLARENCE MURDOCK
PROFES SIONAL COMMUTER DRTVERS

UNION
1044 54TH ST

APTD

EMERYVILLE, CA 94608